Domestic Violence
3 years ago
Respected Sir/Madam ,
I wanted to reach out to get legal advice on a complaint or beg for help if you guys can.
So there's this my really close female friend of mine who is in Class 12th, an intelligent and hardworking student in science stream.in east delhi (110092) She lives with her dad and her mother. Her dad beats her mother and my friend like animals and this happens everyday Both of the females are physically and mentally tortured nearly every time if not everyday. with almost no limits left to be crossed.
and this has happened since years but due to my friend's mother's lack of academic qualification and obviously financial dependence on her husband (my friend's dad )she dosent want to destroy her child's carrier and resists the inhumane torture that I can't even describe or tell how bad the situation has got.
Her dad threatens to not pay for her college expenses if she helps her mother escape the house and she(my friend) obviously dosen't want to leave her mother with that demon alone because the only thing that could get worsen is or what,s left is her dad literally killing her.as what he considering what the animal does to them Leaving her alone cannot be an option,
My friend's mother is just 12th pass. So my friend can't get a study loan because of lack of collateral
So saving her from this environment ,
Saving her carrer and saving her mother all at the same time is impossible for her.
What i gurrantee you is she is an excellent student in academics and moreover no one deserves to be treated like this way and see things or situations like these in such a tender age
So if you guys can help my friend and her mother in any sort of way
What's the main point here is she doesn't have the financial resources to hire a lawyer and file for divorce because her husband is financial and political muscle power.
Meenakshi Garg
Responded 3 years ago
Please ask your friend to file an FIR against her father and the police and CAW cell will take care of everything infact they will get police protection also if the situation is really worse and they subsequently your friend can file maintaince proceeding against her father in which her father has to give the expenses to her and her mother.
But it's most important that the FIR and a complaint in CAW cell is placed as soon as possible. Infact you can also go for help to CAW cell. If any further help of information is required then I can help anytime, kindly request for my details on this site.
Please see the following and take free legal advocate. Please give me Rank 5 if you feel my answer helped you.
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If you cannot engage an advocate, after filing the application (or even before filing the application) you can ask the court to provide you an advocate and the court will do it free of cost. As per the existing rules of legal aid, the women, children, labourers and other econimically disadvantaged sections will have a right to get free legal aid and advocate to pursue their cases. You purchase a domestic violoence Act (bare Act with rules) book, which costs less than Rs.100/-. In this book, a schedule is there formating the application to be filed in domestic violence case. Even it appears difficult to you, you can approach any women's welfare organisation and they will provide you their lawyer. In addition to this, under this Act, certain social welfare organisations/women's organisations are given the status of "service provider". Their one of the most important duties is to come to the aid of women like you - prepare application, provide you advocate, take you to the court and help you in all respects. They shall do it free of cost as they are getting grants from the Govt. The proceedings here are quasi criminal (too technical word for you), which means the proceedings will be conducted like in criminal courts but the relief will be provided like in civil courts. I suggest you to follow this method. In this method, the court has got the power to find out the stri-dhan lying in the matrimonial house, bank lockers etc. and recover it and return it to you. You get quicker relief comparing to the other procedures.
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Naveen Sharma
Responded 3 years ago
Jagannath S Pawar
Responded 3 years ago
Ayantika Mondal @ Prime Legal
Responded 3 years ago
Sorry to hear about your friends.
There is a stringent law in place to handle such domestic violence/s. Please ask her to follow the below:
A. Whenever she and her mother face any such physical issues, they must visit docs and get a medical certificate stating the kind of wound they have in their body.
B. After a couple of physical torture and certificate, one such situation, they should dial 100 and seek police help.
C. On arrival of police, they should ensure a FIR
D. Ask her to leave the house along with her daughter.
E. Citing cruelty, file a maintenance case U/s 125 of Cr. PC
F. we shall examine the future steps and ensure NO divorce petition.
Domestic voilence
Family issuw
crpc 125 filed by my sisters mother in law on her own son (my sisters husband)
Please suggest on the steps and process to follow
husband torture to wife
